KARACHI: The Sindh High Court (SHC) directed Customs officials to make sure file their para wise comments on next date of hearing on a constitutional petition filed by M/s Tara Imperail Industries Private Limited for refund of the amount collected by customs officials in the name of regulatory duty (RD) under section 18 (3) of the Customs Act, 1969 on consignments on steel products.
On Wednesday, a two-member bench heard the constitutional petition.
During the hearing, counsel for the petitioner stated that he is engaged in manufacturing of steel products and import different types of raw material for manufacturing of finished steel products. The petitioner is being commonly aggrieved by the arbitrary, illegal and mala fide actions of the respondents who issued SRO 1035(1)/2017 dated 16/10/2017 in purported exercise of power under section 18 (3) of the customs act and imposed regulatory duty on a number of items including the items imported by the petitioner.
He submitted that on court direction, importers paid half duty with the customs authorities while securing the remaining 50% with the Nazir of SHC or customs authorities. After the hearing, court declared act of the respondents as illegal; therefore, importers surety should be refunded.
Citing Ministry of Finance, Chairman Federal Board of Revenue, the Collector of Customs Collectorate East, Collector of Customs Collectorate West and Port Muhammad Bin Qasim as respondents, he pleaded the court to direct the respondents to immediately return the security or refund the amount equivalent thereof along with mark-up collected by them from the petitioner and other importers under the order passed by this court.
